Schlee v. Kelly
Petitioner: Larry M. Schlee
Respondent: Bennie D. Kelly
Case Number: 1:2007cv00487
Filed: February 21, 2007
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Lake
Presiding Judge: Solomon Oliver
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
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Date Filed Document Text
March 8, 2010 Opinion or Order Filing 81 Memorandum Opinion and Order: Petitioner's objections to the R&R are rejected. The recommendation to deny the petition for writ of habeas corpus 76 is accepted and this case is dismissed. Further, the Court certifies that an appeal from this decision could not be taken in good faith and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. Sections 1915(a)(3), 2253(c); Fed.R.App.P. 22(b). Judge Sara Lioi on 3/8/2010. (P,J)
March 2, 2009 Opinion or Order Filing 76 Report and Recommendation that Schlee's petition be denied. (Objections to R&R due within 10 days after the party objecting has been served). Referral Terminated. Magistrate Judge Nancy A. Vecchiarelli on 03/02/2009. (G,W)
December 31, 2008 Opinion or Order Filing 74 Memorandum Opinion and Order: The Report and Recommendation (Doc. No. 57 ) relating to Petitioner's Motion to Alter or Amend Judgment is accepted in part and rejected in part and the motion (Doc. No. 47 ) is granted to the extent it see ks an order directing the respondent to supplement the record by supplying the transcripts and documents identified on page 9 as Items 3 through 11. These documents shall be filed by no later than January 30, 2009. The Court also declares that Doc. N o. 46 , Exhibit 4 may be considered as a supplement to the record when the Magistrate Judge undertakes her review of the merits of this petition. Petitioner's objections to the Order of November 12, 2008 are overruled. Doc. Nos. 61 and 65 are denied as moot and Doc. No. 64 is granted. This Order now resolves all pending matters except the habeas petition itself. The Magistrate Judge will eventually issue an R&R on the merits of the petition. Thereafter, the parties will have ten (10) days to file one set of objections each and then ten (10) additional days to respond to the other partys objections. No other pleadings will be accepted by the Court. Judge Sara Lioi on 12/31/2008. (P,J)
December 4, 2008 Opinion or Order Filing 69 Order. Respondent is directed to file a surreply addressing Petitioner's supplement to Ground Seven regarding the issue of double jeopardy. Respondent is directed to address the issue of double jeopardy on the merits. Respondent shall file a surreply on or before 12/17/2008. Magistrate Judge Nancy A. Vecchiarelli on 12/04/2008. (G,W)
November 12, 2008 Opinion or Order Filing 66 Order denying in part 61 Petitioner's Motion for reconsideration for the reasons set forth in the Memorandum and Order. Magistrate Judge Nancy A. Vecchiarelli on 11/12/2008. (G,W)
September 23, 2008 Opinion or Order Filing 59 Order denying Petitioner's Motion to stay. Magistrate Judge Nancy A. Vecchiarelli on 09/23/2008. (Related Doc # 53 ) (G,W)
September 3, 2008 Opinion or Order Filing 57 Report and Recommendation that the motion to alter or amend judgment be denied. Objections to R&R due within 10 days after the party objecting has been served. Magistrate Judge Nancy A. Vecchiarelli on 09/03/2008. (Related document 47 ) (G,W) Modified on 9/16/2008 to create link (Derivan, Sharon).
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Petitioner: Larry M. Schlee
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Respondent: Bennie D. Kelly
Represented By: Jerri L. Fosnaught
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